7592 N. La Cholla Blvd. • Tucson, AZ 85741

9 Frequently Asked Questions About Personal Injury Law in Arizona

November 13, 2023

Personal injury laws can seem complex and intimidating, especially if you’ve been injured in an accident through the fault of another and are seeking compensation for injury damages. Understanding personal injury law in Arizona is essential to protect your rights and ensure you receive fair compensation and damages for your injuries. 

This article addresses frequently asked questions about personal injury law in Arizona, whether you’re a victim seeking justice or simply seeking information. 

It is crucial to point out that hiring a plaintiff’s personal injury attorney is the #1 recommended course of action, and an experienced attorney such as Jeff GOULD, the Attorney in YOUR Corner, can make or break your case and ensure you receive the compensation you deserve.

1. What is Personal Injury Law?

Personal injury law is a legal practice in situations where one person’s negligence or intentional actions cause harm and/or injury to others. Personal injury law aims to ensure the injured party is compensated for their losses and suffering. This compensation can cover anything from medical expenses to lost wages and more.

2. What Types of Cases Fall Under Personal Injury Law in Arizona?

Personal injury law cases in Arizona encompass a wide range of scenarios. If you are unsure about whether or not your situation qualifies as a personal injury in the eyes of Arizona’s laws, we recommend reaching out to us for a free consultation. Some common types of incidents include:

  • Car accidents
  • Slip and fall accidents
  • Medical malpractice
  • Dog bites
  • Product liability
  • Wrongful death
  • Workplace accidents
  • Defective products
  • Assault or intentional harm

3. What is Medical Negligence, and How Does it Apply to Personal Injury Cases?

Medical negligence is the failure of a medical provider to exercise reasonable care that can lead to harm or injury to another person. In personal injury law, the injured party must demonstrate four key elements to prove medical negligence. 

  • Duty: The medical practitioner owed a duty of care to the plaintiff. 
  • Breach: The medical practitioner or institution breached their duty of care through negligence or misconduct. This can be either intentional or unintentional. 
  • Causation: The medical practitioner’s actions or negligence directly caused the injured party’s injuries. 
  • Damages: The injured party suffered physical, financial, and/or emotional damages as a result of the defendant’s actions.

4. What is Comparative Negligence in Arizona?

Arizona follows a comparative negligence system, meaning that if both parties share some degree of fault for the accident, the court may assign percentages of fault to each party. The compensation awarded is then reduced by the percentage of fault. For example, if the injured party is found 20% at fault and the damages total $10,000, they would receive $8,000.

5. How Long Do I Have to File a Personal Injury Lawsuit in Arizona?

Though it is always recommended that you report a personal injury as soon as possible, the Arizona statute of limitations for personal injury cases is generally two years from the date of the injury or discovery of the injury. It’s critical to file your lawsuit within this time frame, as failing to do so can result in your case being dismissed. There are very limited exceptions that might apply in specific situations, so consulting with an injury attorney soon after your injury is highly advised.

6. Do I Need an Attorney for My Personal Injury Case?

While hiring an attorney for a personal injury case is not mandatory, having legal representation is HIGHLY recommended. An experienced personal injury attorney can help you navigate the complexities of the Arizona legal system, gather evidence, negotiate with insurance companies, represent your interests in court, and help maximize your chances of receiving fair compensation.

7. How is Compensation Determined in Personal Injury Cases?

Compensation in a personal injury case depends on several factors, including the severity of the injuries, cost of medical expenses, lost wages, property damage, and pain and suffering. Insurance companies may play a significant role in the compensation process, and their initial offers never reflect the full extent of your losses. Thankfully, Jeff Gould is an attorney with years of experience in personal injury law and dealing with insurance companies. A consultation can help ensure you receive a fair and comprehensive settlement.

8. Can I File a Personal Injury Claim if I Was Partially Responsible for the Accident?

Yes, you can still file a personal injury claim in Arizona even if you were partially at fault for the accident. As mentioned above, Arizona follows a comparative negligence system. If you share some degree of responsibility, your compensation will be reduced proportionately. However, it is essential to consult with an attorney to assess the impact of your own negligence in your case.

9. What Evidence is Crucial in Personal Injury Cases?

Strong evidence and legal representation are the keys to a successful personal injury case. Essential pieces of evidence may include but are not limited to:

  • Medical records and bills
  • Accident reports
  • Photographs
  • Eyewitness statements
  • Expert testimony
  • Financial records
  • Any other documentation of pain and suffering

Navigating the intricacies of personal injury law in Arizona can be challenging, especially when you are already dealing with the stress of physical, emotional, and/or financial burdens. An attorney can provide personalized guidance, negotiate on your behalf, and protect your rights as you seek compensation for your injuries. Understanding the legal landscape and having professional support will ensure you are well-informed and can work towards fair compensation. 

Have you suffered an accident and are curious about your legal options? Then…

Don’t DELAY: Call Jeff GOULD Law, the Attorney In YOUR Corner – TODAY!

DISCLAIMER: The information on this blog/site is not intended to be legal advice. It is for general informational use only. You should consult an attorney for advice regarding your situation. Further, this information does not create an attorney-client relationship.

See What People Are Saying About Us

Contact Our Firm

7592 N. La Cholla Blvd. Tucson, AZ 85741
520-808-4435 [email protected]